HomeMy WebLinkAbout08-0208DEBRA KIM WALLET,
Petitioner
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. d F- 20.f t1:( -
7Z-COMMONWEALTH OF PENNSYLVANIA LICENSE RECALL APPEAL
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
NSE RECALL APP
AND NOW, comes Petitioner Debra Kim Wallet, by and through her attorneys, Mancke, Wagner,
Spreha & McQuillan, who respectfully represent:
1. Your Petitioner, Debra Kim Wallet, is an adult individual residing at 450 Allenview Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent, Pennsylvania Department of Transportation, Bureau of Driver Licensing has a mailing
address of Riverfront Office Center, Third Floor, 1101 S. Front Street, Harrisburg, Dauphin County,
Pennsylvania 17104-2516.
3. Your Petitioner received a Notice of License Recall, a copy of which is attached hereto and made
a part hereof as Exhibit A, which recalled your Petitioner's operating privileges indefinitely pursuant to §1519
(c) of the Pennsylvania Motor Vehicle Code.
4. Your Petitioner believes that said Recall is illegal, unjust and improper for reasons which include,
but are not limited to the following:
a. Petitioner does not suffer from a seizure disorder
which would prevent her from safely operating a motor
vehicle;
b. Petitioner is not physically or mentally unqualified to be licensed and
suffers from no other incompetency which would require her driving
privileges to be recalled;
C. Any alleged seizure, blackout or loss of consciousness was an
isolated incident and is being controlled by medication.
WHEREFORE, your Petitioner prays your Honorable Court to hold a hearing to determine the validity
of the recall outlined in Exhibit A.
Respectfully submitted,
MANCKE, WAGNER, SPREHA & MCQUILLAN
Dated: ,_ ?- 6
Attorney for Petitioner
2233 North Front Street
Harrisburg, PA 17110
717-234-7051
recalszr
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: 12/14/2007
DEBRA KIM WALLET
450 ALLENVIEW DR
MECHANICSBURG PA 17055
Dear Ms. DEBRA KIM WALLET:
We have received medical information indicating that you have a Seizure Disorder condition
which prevents you from safely operating a motor vehicle.
As of 01/04/2008, you may no longer drive. Your driving privilege is hereby recalled
indefinitely as mandated by Section 1519(c) of the Vehicle Code.
This decision has been made by comparing your medical condition with the standards
recommended by our Medical Advisory Board and adopted by this Department. This action will
remain in effect until we receive medical information that your condition has improved and you
are able to safely operate a motor vehicle.
Since you have a seizure disorder, you must remain seizure free for a six month period, with or
without medication, before you will be eligible for reinstatement of your driving privilege. Our
records indicate that your seizure occurred on 11/11/2007.
In order to comply with this action, you must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera cards) in your possession, on or before the
effective date listed above. If you cannot comply with the requirements stated above, a sworn
affidavit stating that you are aware of the sanction against your driving privilege must be
submitted. When the Department receives your license or affidavit, we will send you a receipt.
If you do not return all current driver license products, we must refer this matter to the
Pennsylvania State Police for prosecution under SECTION 1571 (a) (4) of the Pennsylvania
Vehicle Code.
YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION
PURPOSES. However, you may apply for and obtain a photo identification card at any Driver
License Center. You must present two (2) forms of proper identification (e.g., birth certificate,
valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card.
hi b,+ A
You have the right to appeal to the Court of Common Pleas (Civil Division) within thirty (30)
days of the mail date of this notice. If you file an appeal in the County Court, the Court will give
you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must
send this time-stamped certified copy of the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
You still must send in your license before the effective date of recall unless you appear in person
before a judge and receive an order permitting you to continue driving.
If you have any questions or need further information, please contact the Medical Unit, P.O. Box
68682, Harrisburg, PA 17106-8682 or call (717) 787-9662 between the hours of 8:00 a.m. and
4:15 p.m.
Sincerely,
9?4?. Z ? ?q)
Janet L Dolan, Director
Bureau of Driver Licensing
Driver License # 15632169
VERII=ICATION
I hereby verify that the statements made in this document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom
falsification to authorities.
I I Y I o 8'
Date
ov r?
W 0
(Ij 00
f `
DEBRA KIM WALLET,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
61AN14 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. D%- 90S civil T?'w4
LICENSE RECALL APPEAL
[41111G '
AND NOW, this day of , 2008, upon consideration of the within Petition,
it is hereby ordered and decreed that a hearing be held on the ?y day of , 2008, at
1-, 30 12'Ao* ck in Courtroom , Cumberland County Courthouse.
Notice of said hearing shall be sent by certified mail to the Department of Transportation by Petitioner's
attorney at least sixty days prior to the date of the hearing.
By the Court:
Distribution:
Edward F. Spreha, Jr., Esquire, 2233 North Front Street, Harrisburg, PA 17110
Pennsylvanjo Department of Transportation, Office of Chief Counsel, 1101 South Front Street, 3'd
Floe, Hamburg, PA 17104-2516
(240 P I lu /»dt t &CL
??la?a8
DEBRA KIM WALLET,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING,
Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-208 CIVIL TERM
PRAECIPE TO WITHDRAW
TO: Prothonotary of Cumberland County:
Please withdraw the above-captioned License Recall Appeal which was filed on behalf of
Petitioner.
Respectfully submitted,
MANCKE, WAGNER, SPREHA & MCQUILLAN
By Z?O , Fg-4
Ed preha, Jr., Esquire
Att me . . #78661
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorney for Petitioner
Date: ;- I/- A
°
?
?-
`?
-?r?,
: - ?.x,
?
.
..- ; ? ??.
?.. -z.:,
t? ; ?
.5` t